Chapter 4 (2026)

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Chapter 4

COURTS GENERALLY*

Article I.

In General

Sec. 4-1.

Sec. 4-2.

Sec. 4-3.

Sec. 4-4.

Sec. 4-5.

Sec. 4-6.

Jurisdiction.

Court administrator.

Court records.

Professional attorneys and lay advocates.

Consecutive sentencing.

Wellness court program for adults and juveniles; establishment;

participation.

Sec. 4-7.

Time limitations for civil matters.

Sec. 4-8.

Time limitations for criminal offenses.

Secs. 4-9—4-30. Reserved.

Article II.

Judges

Sec. 4-31.

Sec. 4-31a.

Sec. 4-32.

Sec. 4-33.

Sec. 4-34.

Sec. 4-34a.

Sec. 4-35.

Generally.

Presiding Judge responsibilities.

Qualifications of judges.

Appointment of a presiding judge.

Appointment and term of associate and licensed judges; vacancy.

Commercial issues.

Judicial, attorney and advocate conduct and discipline commission.

Sec. 4-36.

Request for change of judge; judge recusal; conflict of interest.

Secs. 4-37—4-84. Reserved.

Article III.

Sec. 4-85.

Sec. 4-85a.

Sec. 4-86.

Sec. 4-87.

Sec. 4-88.

Sec. 4-89.

Sec. 4-90.

Sec. 4-91.

Sec. 4-92.

Sec. 4-93.

Sec. 4-94.

Sec. 4-95.

Sec. 4-96.

Appeals

Appellate division.

Effect of appeal being filed.

Jurisdiction of the court of appeals.

Appellate justices.

Composition of the court of appeals.

Appointment to the court of appeals.

Designation and responsibilities of presiding justice.

Oath of office.

Advisory opinions.

Consideration of the appeal.

Opinions, memoranda, and orders.

Disqualification and removal.

Justices by designation.

*Editor’s note—Ord. No. SRO-516-2020, adopted March 4, 2020, repealed Ch. 4, Arts. I—VI, and reenacted said chapter,

arts. I—VI, as set out herein. Formerly, ch. 4 pertained to similar subject matter and derived from Code 1976, § 10.1; Code 1981,

§§ 4-1—4-5, 4-21—4-27, 4-31, 4-34, 4-41, 4-42; Code 2012, §§ 4-1—4-5, 4-21—4-27, 4-31, 4-34, 4-41, 4-42; Ord. No. SRO-33-75,

adopted May 5, 1980; Ord. No. SRO-111-88, §§ 1—3, adopted Feb. 17, 1988; Ord. No. SRO-113-88, adopted June 22, 1988; Ord.

No. SRO-141-91, § 1, adopted Aug. 28, 1991; Ord. No. SRO-145-92, § 1, adopted Feb. 5, 1992; Ord. No. SRO-193-95, § 1, adopted

March 29, 1995; Ord. No. SRO-213-96, adopted Feb. 7, 1996; Ord. No. SRO-264-2000, § 2, March 15, 2000; Ord. No.

SRO-265-2000, adopted March 29, 2000; Ord. No. SRO-315A-07, adopted Dec. 13, 2006; Ord. No. SRO-323-08, adopted Oct. 31,

2007; Ord. No. SRO-389-2012, §§ 4-21, 4-22(d), 4-24, adopted Jan. 11, 2012; Ord. No. SRO-393-2012, adopted Feb. 29, 2012; Ord.

No. SRO-396-2012, §§ 4-4, 4-26, 4-42, adopted June 1, 2012; Ord. No. SRO-402-2012, adopted May 30, 2012; Ord. No.

SRO-411-2013, adopted March 1, 2013; Ord. No. SRO-435-2014, §§ 4-25a—4-25h, adopted Feb. 12, 2014; Ord. No.

SRO-442-2014, adopted April 16, 2014; Ord. No. SRO-456-2015, adopted Jan. 21, 2015; Ord. No. SRO-470-2015, adopted July

8, 2015; Ord. No. SRO-490-2017, adopted Feb. 15, 2017; Ord. No. SRO-69A-81, adopted Feb. 25, 1981; Ord. No. SRO-507-2019,

adopted April 17, 2019; and Ord. No. SRO-514-2020, adopted Oct. 30, 2019.

Supp. No. 6

CD4:1

COMMUNITY CODE OF ORDINANCES

Sec. 4-97.

Attorneys and advocates.

Sec. 4-98.

Binding on the Community Tribal Court.

Sec. 4-99.

Effective date.

Secs. 4-100—4-185. Reserved.

Article IV.

Bonds and Witness Expenses

Sec. 4-186.

Bonds and witness expenses.

Secs. 4-187—4-210. Reserved.

Article V.

Reserved

Secs. 4-211—4-231. Reserved.

Article VI.

Sec. 4-232.

Supp. No. 6

Defendant's Rights

Explanation of charges; judge to advise legal rights.

CD4:2

COURTS GENERALLY

(2)

ARTICLE I. IN GENERAL

Sec. 4-1. Jurisdiction.

(a) Court of original and appellate jurisdiction. The Salt River Pima-Maricopa Indian Community Court is the court of original and appellate

jurisdiction within the Community.

(b) Subject matter jurisdiction limited by

council action. The Community court shall have

jurisdiction in all cases involving disputes in

contract, tort, and the exercise of the power of

eminent domain over any land located within the

boundaries of the reservation and shall determine

such cases upon the customary law of the Community as may be augmented by the common

law as understood in the state to the extent that

the court requires, in order to do substantial

justice to the parties in the dispute. In all other

respects the jurisdiction of the Community court

is limited to the subject matter of those cases,

causes, disputes and prosecutions which the

Community Council by enactment accords to the

court.

(1)

The court of the Community shall have

jurisdiction over all offenses enumerated

in this Community Code of Ordinances

when committed by any person otherwise

subject to the jurisdiction of the Community court.

(2)

Any person otherwise subject to the

jurisdiction of the Community court who

enters upon the Community shall be

deemed to have consented to the jurisdiction of the Community court.

(3)

The Community shall be taken to include

all territory within the reservation

boundaries, including fee-patented lands,

rights-of-way, roads, water, bridges and

land used for schools, churches or agency

purposes.

(d) Civil jurisdiction over persons. The Community court shall have jurisdiction in all cases

wherein:

(1)

The defendant is a member of the Community;

Supp. No. 7

§ 4-1

The defendant is domiciled or residing

within the Community;

(3) The defendant has caused an event to

occur within the Community out of which

the claim which is the subject matter of

the complaint arose;

(4) The counter-defendant has filed an action

in Community court against the counterclaimant arising out of the subject matter

of such action, and which counterclaim

might be brought under the federal rules

of civil procedure;

(5) The defendant is a real party in interest

to a lease of land and/or improvements

within the Community and then as to

matters involving such leasehold interests;

(6) The defendant is a real party in interest

regarding the ownership of land and/or

improvements located within the reservation boundaries and sought to be acquired

pursuant to the powers of eminent domain.

(7) In all the events or circumstances set out

in subsections (d)(2) through (6) of this

section, the defendants or counterdefendants are deemed to have waived

any objection they might have otherwise

had to the jurisdiction of the Community

court as a result of the status or event

described in said subsections.

(e) A judgment on any suit may only be given

when a defendant has been properly served with

notice of such suit. Evidence of receipt of the

notice shall be kept as part of the record in the

case.

(f) In all civil suits, except actions for eminent

domain, divorce, separate maintenance or annulment, the complainant may be required to deposit

with the clerk of the court a fee for security in a

reasonable amount to cover costs and disbursements in the case.

(g) In actions of divorce, annulment or separate

maintenance, a complainant and the countercomplainant may be required to pay a filing fee if

such fee is adopted by the court administrator

though a court policy and procedure.

(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.

SRO-534-2021, 8-25-2021; Ord. No. SRO-5952025, 7-2-2025)

CD4:3

§ 4-2

COMMUNITY CODE OF ORDINANCES

ary 1, 2028. This provision may be

amended, extended, or repealed based on

ongoing needs.

Sec. 4-2. Court administrator.

(a) Selection. The position of court administrator shall be filled in accordance with the Community's established guidelines for hiring.

Applicants for this position shall be chosen solely

on the basis of qualification and merit.

(b) Duties. The court administrator shall have

general administrative responsibility for the

operation of the Community court. The court

administrator's duties shall include the preparation of the court's budget for submission to the

Community manager, oversight in regard to the

budget, hiring of all personnel, operation of the

clerk's office, supervising the receipt, creating

and filing of all court records and the issuance of

all necessary court documents, assisting the

department of public safety and other departments of Community government as well as

members of the Community in the proceedings of

the court, administering oaths and collecting

and accounting for fines and court fees. The

duties of the court administrator may be

undertaken by assistant administrators, clerks

or other personnel under the supervision of the

court administrator.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-3. Court records.

The clerk of the Community court shall keep

for inspection a record of all proceedings of the

court which record shall reflect the title of the

case, the names of the parties, the substance of

the complaint, the names and addresses of all

witnesses, the date of the hearing or trial, by

whom conducted, the findings of the court, the

judgment and all other appropriate facts or

circumstances.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-4. Professional attorneys and lay

advocates.

(a) Professional attorneys.

(1)

Professional attorneys shall be permitted to practice in all divisions or case

types in Community court from the date

of enactment of this section until Janu-

Supp. No. 7

(2)

Any person appearing before the Community court may be represented by a

professional attorney or advocate provided

that the professional attorney or advocate

is admitted to practice pursuant to the

rules of the Community court.

(3)

In all criminal matters, criminal

defendants shall be appointed the

assistance of counsel in accordance with

the rules of criminal procedure, which

rules may be amended from time to time.

(b) Lay advocates/attorney. Any person appearing before the Community court shall have the

right at his or her own expense to have the

assistance of a lay advocate or an attorney. The

term "lay advocate" means any person who is

duly admitted to practice before the Community

court pursuant to the rules of the Community

court and is not an attorney.

the Community, enter into written agreements

with insurance carriers who have issued policies

of insurance in favor of the Community for

specified risks which will allow the insurance

carriers to have the assistance of the Community

in the defense of actions filed in Community

court for claims insured by such policies of

insurance and which will ensure the full coverage of the policies of insurance and the defense of

the insured parties. Any such agreement will

specify the assistance to be rendered by the

Community to the insurance carrier and that

such assistance is consistent with and will not

constitute a breach or modification of the agreements or conditions of the policies of insurance.

(d) The enactment of subsection (c) of this

section is not an independent waiver of sovereign

immunity.

(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.

SRO-524-2021, 10-14-2020; Ord. No. SRO-5982025, 8-20-2025)

CD4:4

COURTS GENERALLY

Sec. 4-5. Consecutive sentencing.

Judges of the Community court have the

authority and such judicial discretion as needed

to impose consecutive sentences upon criminal

defendants convicted of multiple offenses of this

Code of Ordinances.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-6. Wellness court program for

adults and juveniles; establishment; participation.

shall be developed, agreed upon, promulgated,

and enforced by the partner departments

participating on the treatment team, as enumerated in subsection (e). Policies and procedures

shall incorporate and emphasize elements of

O'odham and Piipaash culture whenever

practicable, and may incorporate other tribal

cultures where appropriate.

(e) The wellness court shall be made up of a

treatment team, which includes representatives

from the following departments:

(a) The court administrator of the Salt River

Community Court may establish a wellness court

program for adults and juveniles.

(b) Wellness court program means a program

that is established for the purpose of prosecuting, adjudicating, and treating persons who meet

the criteria and guidelines for entry into the

program. Wellness court is a trauma-informed,

evidence-based treatment program that offers

participants an alternative to extended incarceration and the standard probation model. The

wellness court program works cooperatively with

treatment agencies and other rehabilitation

services to engage a participant in a holistic

treatment program that will provide the

participant with the necessary tools to get into

recovery, stay in recovery, and lead a productive,

lawful, healthy lifestyle. The wellness court

program shall provide the support and resources

necessary for participants to reconnect with

their families, their community, and their culture.

authority to issue all orders necessary to ensure

the safety, well-being, and rehabilitation of

individuals who come within or consent to its

jurisdiction. The wellness court program shall

have the power to implement all the duties,

responsibilities, and remedies set out in this

Code, including the power to enforce subpoenas

and orders of restriction, fines and orders of

restitution, contempt, confinement, and detention in alignment with the policies and procedures

of wellness court, and other powers as appropriate.

(d) Eligibility and admissions criteria, incentives, sanctions, and operational policies and

procedures for adult and juvenile wellness courts

Supp. No. 7

§ 4-6

(1)

The department of the Community

prosecutor;

(2)

The Salt River Defense Advocate Office;

(3)

The Salt River Community Court, including the Community court judge assigned

to preside over wellness court cases, and

any members of court staff as assigned

by the court administrator;

(4)

The Salt River Probation Department;

(5)

The Salt River Behavioral Health Services

Department;

(6)

Other individuals or departments as

assigned.

(f) The Community prosecutor shall assign to

the wellness court treatment team a representative(s) from the department of the Community

prosecutor, pursuant to section 4.5-23. The same

representative(s) may be assigned to both adult

and juvenile wellness court, or different

representative(s) may be assigned.

(g) The presiding judge shall assign a judge to

the wellness court treatment team, pursuant to

section 4-31(a). The same judge may be assigned

to both adult and juvenile wellness court, or

different judges may be assigned.

(h) The directors of each of the remaining

departments shall assign to the wellness court

treatment team a representative(s) from their

respective departments. The same representative(s) may be assigned to both adult and juvenile

wellness court, or different representative(s) may

be assigned.

CD4:5

§ 4-6

COMMUNITY CODE OF ORDINANCES

(i) A person may be admitted into the wellness court program prior to a plea of guilty or

responsible, or a trial or adjudication, only on

the agreement of the prosecutor, pursuant to a

deferred prosecution agreement under Rule 30.1

or an informal adjustment agreement under

section 11-130.

(j) A person may be admitted into the wellness court program following a plea of guilty or

responsible, or a trial or adjudication, with the

agreement of the defendant and the prosecutor,

and the approval of the partner departments

participating in the program, as enumerated in

subsection (e).

(k) Wellness court program decisions, such as

those regarding admission, sanction, reward,

termination, and graduation, shall be made by

the treatment team through discussion and by

consensus.

(l) Upon successful completion of the wellness

court program, the wellness court treatment

team will provide such information to the department of the Community prosecutor for its use in

any final disposition as it relates to the wellness

court participant. If at any time a participant of

the wellness court becomes ineligible to continue

in the program, the wellness court treatment

team will provide such information to the department of the Community prosecutor for its use in

any final disposition.

(m) If a person chooses not to participate in

the wellness court program, then the person may

be prosecuted as provided by law.

(Ord. No. SRO-564-2023, 9-20-2023)

Sec. 4-7. Time limitations for civil matters.

(a) Definition. "Cause of action" shall mean

the point of occurrence or of discovery with due

diligence which gives a person a right of legal

redress or remedy, and the point of breach or

default as to contract injuries.

(b) General civil matters. Except as otherwise

provided by law, a cause of action including a tort

or civil traffic matter must be commenced within

two years from the time the cause of action

accrues.

Supp. No. 7

CD4:6

COURTS GENERALLY

contract for which no limitation is otherwise

prescribed shall be brought within three years

from the time the cause of action accrues.

(d) Tolling of the statute of limitations.

(1)

(2)

When a person against whom there is

civil cause of action is outside of the

Community at the time the cause of

action accrues or at any time which the

action might have been maintained, such

action may be brought against the person

once they return to the Community. The

time of such absence shall not be counted

or taken as part of the time limited by

the provisions of this section 4-7.

If a person entitled to bring a cause of

action is at the time the cause of action

accrues under the age of 18, adjudicated

as being of unsound mind or otherwise

mentally incompetent, or imprisoned and

thereby unable to discover his or her

right to bring the action, the period of

such disability shall not be deemed a

portion of the period limited for commencement of the action.

Exemption. The Community shall not be

barred by the limitations prescribed in

this section 4-7.

(Ord. No. SRO-516-2020, 3-4-2020)

(4)

A prosecution for any Class D offense or

Class E offense for which no limitation is

otherwise prescribed shall be brought

within one year.

(5)

A prosecution for any offense for which

no class designation has been made shall

be brought within two years.

(6)

A prosecution for any homicide in violation of section 6-52, or for aiding and

abetting such offense in violation of section 6-2, or facilitation of such offense in

violation of section 6-12, may be commenced at any time.

(7)

A prosecution for any Class A offense

committed against a child shall be brought

within ten years after the victim reaches

the age of 18 years. For purposes of this

section, "child" means a person under the

age of 18 years.

(8)

A prosecution for any Class B offense

committed against a child shall be brought

within five years after the victim reaches

the age of 18 years. For purposes of this

section, "child" means a person under the

age of 18 years.

(9)

A prosecution for sexual assault or

aggravated sexual assault in violation of

section 6-65 shall be brought within ten

years.

(3)

Sec. 4-8. Time limitations for criminal

offenses.

(a) Criminal matters. Prosecution for any

criminal offense committed within the jurisdiction of the Community shall be commenced

within the following time limitations:

(1)

A prosecution for any Class A offense for

which no limitation is otherwise prescribed

shall be brought within five years.

(2)

A prosecution for any Class B offense for

which no limitation is otherwise prescribed

shall be brought within three years.

(3)

A prosecution for any Class C offense for

which no limitation is otherwise prescribed

shall be brought within two years.

Supp. No. 6

§ 4-8

(b) Time of offense. Unless otherwise noted,

time begins to run at the time an offense is

committed, except that the period of limitation

does not run during any time when the identity

of the person who commits the offense or offenses

is unknown.

period of limitation does not run for any Class A

offense during any time when the person who

commits the offense:

CD4:7

(1)

Is absent from the Community; or

(2)

Has no reasonably ascertainable place of

abode within the Community.

§ 4-8

COMMUNITY CODE OF ORDINANCES

maximum punishment could exceed one

year of incarceration, or in which a

defendant is charged with domestic

violence, violation of an order of protection arising out of chapter 10, article VII,

or in which a defendant is charged with

any offense enumerated under section

6-0(d).

(d) Prosecution commenced. For purposes of

this section, prosecution is commenced when a

criminal complaint is filed.

(1)

If a criminal complaint filed before the

period of limitation has expired is

dismissed for any reason, a new prosecution may be commenced:

At any time before the expiration of

the period of limitation; and

Within six months after the dismissal

becomes final, even if the period of

limitation has expired at the time of

dismissal or will expire within six

months of the dismissal.

(e) Enactment and enforcement. The amendments made by this act shall apply:

(1)

To all crimes committed after July 8,

2015; and

(2)

To all crimes committed before July 8,

2015, for which no statute of limitations

provided under pre-existing law has run

as of July 8, 2015.

(Ord. No. SRO-516-2020, 3-4-2020)

(4)

The court shall have at least two qualified enrolled Community member judges

with knowledge of the Onk Akimel

O'odham or the Xalychidom Piipaash

people, culture and values.

(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.

SRO-539-2022, 2-23-2022, eff. 5-1-2022; Ord.

No. SRO-567-2023, 9-20-2024)

Sec. 4-31a. Presiding Judge responsibilities.

(a) The council shall by majority vote appoint

a presiding judge pursuant to their own

procedures, and this presiding judge shall have

the authority to:

Secs. 4-9—4-30. Reserved.

ARTICLE II. JUDGES

(1)

Assign cases among the associate and

licensed judges;

(2)

Provide administrative management of

the other trial court judges;

(3)

Develop an internal process for litigants

or parties to file any complaint they have

about a judge;

(4)

Assist in the annual performance appraisals of the associate and licensed judges

(performance appraisals for the judges

shall be overseen by the human resources

department);

(5)

Develop a training plan for all associate

and licensed judges;

(6)

Develop internal Court protocols and timeframes to ensure that cases are heard in

a timely manner, and that the court is

accountable to the Community;

(7)

Provide an annual accountability report

to the Community regarding the number

and type of new cases filed in the court

that year, the number of cases completed

to resolution that year, the number of

Sec. 4-31. Generally.

(a) Judges of the trial court. The Community

court shall be composed of a presiding judge,

associate judges, licensed judges as are authorized

by the Community Council.

(1)

(2)

(3)

All judges shall hear cases in which the

Community court has jurisdiction.

Salaries for judges shall be determined

by the council, consistent with the Community's human resources policies.

Licensed judges shall preside over all

hearings assigned to them; all tort claim

and patron dispute cases filed against

the Community government or one of its

enterprises; and all criminal cases in

which a defendant is charged with at

least one Class A offense, in which the

Supp. No. 6

CD4:8

COURTS GENERALLY

cases each associate and licensed judge

was assigned and completed that year,

the number of continuances that were

granted that year, the number of jury

trials that were held that year, a report

on the number of cases heard and decided

by the appellate court, how many

complaints were received about the judge's

and how they were resolved, and anything

else the presiding judge feels is

noteworthy;

(8)

(9)

In consultation and coordination with

the Court Administrator, the Presiding

Judge may propose rules for the

governance of the court and for the

procedure to be followed in matters before

the court so long as such rules are not

contrary to the Code of Ordinances or the

Community's Constitution, and court

practitioners are provided notice and an

opportunity to comment on the rule before

it is finalized;

§ 4-32

three years consecutive bench experience within the past five years of

appointment to the bench;

(3)

Preference will be given to enrolled

members of the Salt River PimaMaricopa Indian Community,

(4)

Has never been convicted of a felony

in any jurisdiction, and has not

been convicted of a misdemeanor

within five years of the date of the

judicial application filed with the

Community Council. A misdemeanor

shall be conviction of the type of

behavior proscribed in chapters 6

and 10 and sections 16-231 through

16-236, dealing with DWI and reckless driving, whether committed on

the Community or in another

jurisdiction;

(5)

Is of good moral character, and in

determining character, council shall

consider, among other things, the

laws, customs and traditions of the

Community;

(6)

Consents to undergo such training

as the Community Council,

president, or presiding judge may

specify in order to obtain and/or

maintain the competence needed as

a judge;

(7)

Must pass a test administered to

persons applying to practice before

the Community court and/or other

applicable tests;

(8)

Shall serve a one-year probationary

period;

(9)

Has never been removed for good

cause from a judge position in any

jurisdiction;

Appoint judges pro tempore to preside

over trial court cases when necessary;

(10) Hear cases; and

(11) Any other responsibility that is assigned

in writing by the council to assist in the

proper administration of justice at the

Community Court.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-32. Qualifications of judges.

The qualifications of judges of the Community

shall be as follows:

(a)

Intentionally left blank.

(b)

Associate judge. The qualifications of an

associate judge are as follows:

(1)

Thirty years of age or older;

(2)

Possess a two-year degree (Associate of Arts, certificate, etc.) or higher

preferably in a law related field

(e.g., law degree, criminal justice,

administration of justice, Police Science, paralegal) or have at least

Supp. No. 6

CD4:9

(10) All applicants must provide all past

discipline that they received in the

role as a judge, attorney or advocate;

(11) Shall be subject to all Community

personnel and administrative policies regarding employees except for

those that conflict with chapter 4 of

the Code of Ordinances as it pertains

§ 4-32

COMMUNITY CODE OF ORDINANCES

(9)

to the judges, including section 4-35

which applies to the removal or

suspension of judges;

(12) Shall be subject to the Community

court rules of professional conduct,

section 2, judicial rules of professional conduct and as these rules

may be amended;

(13) For any judge who is reappointed

without a break in service, the

council may, in its discretion, waive

subsections (b)(7) and (b)(8) of this

section;

(c)

Licensed judge. The qualifications of a

licensed judge are as follows:

(1)

Must be at least 30 years of age;

(2)

Must have graduated from an

accredited law school, and have

practiced law for at least three years;

(3)

Must be licensed to practice law in a

state and be in good standing with

that licensing entity;

(4)

Of good moral character and any

assessment of moral character shall

be consistent with the customs and

traditions of the Akimel O'odham

and Xalychidom Piiipaash peoples;

(5)

Has never been removed for good

cause as a judge in any jurisdiction;

(6)

Has never been convicted of a felony

in any jurisdiction and has not been

convicted of a misdemeanor (not

including violations that are generally considered civil traffic violations) within the past five years;

(7)

(8)

Supp. No. 6

Preference will be given to enrolled

members of the Salt River PimaMaricopa Indian Community, the

Gila River Indian Community, the

Ak-Chin Indian Community and the

Tohono O'odham Nation, and then

to other members of federally

recognized Indian tribes; and

Shall serve a one-year probationary

period.

(d)

All applicants must provide all past

discipline that they received in a

role as a judge, attorney or advocate.

Pro tempore. The qualifications of a judge

pro tempore are as follows:

(1)

A judge pro tempore must, at a

minimum, meet the qualifications

and standards of the court's associate judges as set forth in sections

4-32(a)(1)(2)(4)(9)(10)(11) and (12);

or meet the requirements of a

licensed judge; or be a sitting or

former judge, in good standing, with

the Community or another Indian

tribe.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-33. Appointment of a presiding

judge.

(a) The council shall appoint the presiding

judge from among the associate and licensed

judges of the Community court.

(b) The council must appoint an enrolled Community member as presiding judge of the Community court unless there is not a Community

member associate or licensed judge who has

sufficient judicial or legal experience to serve in

that role, at that time.

(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.

SRO-586-2024, 8-21-2024)

Sec. 4-34. Appointment and term of

associate and licensed judges;

vacancy.

(a) Associate and licensed judges shall be

appointed by a majority vote of the council from

a list of recommendations. The recommendations will come from a judicial selection committee appointed by council as set forth by regulations

adopted by council.

(b) Associate and licensed judges shall have a

term of office of four years.

appointed by the council to fill the vacancy shall

serve a four-year term and be appointed pursuant to the requirements of subsection (a) of this

section.

CD4:10

COURTS GENERALLY

(d) The judicial selection committee process

may not apply (if determined by the procedures

of the council) when the council is considering

the reappointment of a trial court judge who is in

good standing and has received favorable

performance evaluations.

(Ord. No. SRO-516-2020, 3-4-2020)

(4)

It is also the policy of the council to

ensure that complaints against judicial

officials, attorneys and advocates are

investigated and heard in an objective

and nonpartisan forum.

(5)

The council, through the provisions of

this section, hereby delegates to the commission certain authority to receive

complaints, investigate, deliberate, and

if appropriate, sanction judges, attorneys

and advocates for misconduct in office.

Sec. 4-34a. Commercial issues.

(a) The Community Council may, in its discretion, create a judicial seat to hear and decide

issues involving commercial law.

(b) Any Commercial Court judge must be a

licensed judge as defined by section 4-31(c).

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-35. Judicial, attorney and advocate

conduct and discipline commission.

(c-1) Scope regarding Community court judges.

(1)

The commission shall have the authority

to review and adjudicate allegations of

judicial misconduct pertaining to all judges

(including pro temp and appellate judges)

of the Community court.

(2)

The commission shall have the authority

to investigate and hear matters that

relate to the following instances of judicial

misconduct:

(a) Name. The judicial, attorney and advocate

conduct and discipline commission ("commission"), an independent commission, is hereby

established by the Community Council.

(b) Policy and purposes.

(1)

The council has the authority pursuant

to article VII, section 1(c)(2) of the

Constitution of the Community to

establish a Community court system and

as such, the council has the authority to

oversee the conduct and discipline of the

judges, attorneys and advocates of the

Community court system.

(2)

The council desires to enhance the public

confidence in the Community court by

providing a fair, impartial and expeditious forum to investigate and hear

complaints or grievances regarding the

conduct and behavior of judicial officials,

attorneys and advocates who practice in

the Community court.

(3)

The establishment of an independent

commission strengthens the Community

court system by encouraging judges,

attorneys and advocates to maintain high

standards of professional and personal

conduct.

Supp. No. 6

CD4:11

§ 4-35

Willful misconduct in office;

Willful or persistent failure to

perform the duties of a judge;

Mental or physical incapacity that

adversely affects the judge's ability

to perform judicial functions;

Violations of the Community's

judicial code of conduct; or

Conduct that brings the judiciary

into disrepute.

(3)

The commission's primary focus is judicial

behavior, not judicial decisions. The commission is not a court and cannot change

a judge's decision, intervene in a pending

case, remove a judge from a case, or

award damages or other monetary relief

to litigants.

(4)

Filing a complaint with the commission

does not remove a presiding judge from

an existing case pending before the Community court, and a complaint filed before

the commission is not a substitute for a

motion to remove or change a judge from

a pending case.

§ 4-35

(5)

COMMUNITY CODE OF ORDINANCES

Even if a complaint is filed with the

commission against a presiding judge, a

complainant's underlying court case

should not be delayed or suspended, and

a complaint with the commission is

separate and independent from the case

pending before the Community court.

(c-2) Scope regarding attorneys and advocates.

(1)

(2)

The commission shall have the authority

to review and adjudicate allegations of

attorney or advocate misconduct as

defined by Section 1: Advocate Rules of

Professional Conduct, of the SRPMIC

Court Rules of Professional Conduct

subsections I—XXIII enacted on August

9, 2000; or as amended.

Ex parte communication means a communication between counsel and the court when opposing counsel is not present regarding a pending

issue before the court.

Misconduct means that improper, unethical,

or unlawful act.

Privileged means written or unwritten information that is prepared by an attorney or a member

of the commission in anticipation of litigation or

a judicial disciplinary proceeding.

Respondent means the judge, attorney or

advocate whom a person has filed a complaint

against, and this complaint is before the commission.

Subsections XXIV through XXVI of the

SRPMIC Court Rules of Professional

Conduct are hereby repealed by the

ordinance from which this section is

derived, and no longer applicable.

(e) Commission.

(1)

The commission shall be comprised of

the following three members who are as

follows:

One sitting, retired or former federal,

state or tribal judges (who is not

currently a sitting judge of the Community court);

One licensed attorney, admitted to

and in good standing with the

Arizona State Bar Association or

other state bar association, who does

not practice before the SRPMIC

court, but has experience in federal

Indian law and working with Indian

tribal communities;

One Community member with or

without legal, advocate or judicial

experience (who is not a current

sitting judge of the SRPMIC court).

(d) Definitions.

Attorney-work product means writings, notes,

memoranda, reports on conversations with clients

or witnesses, research and/or confidential materials that reflect an attorney's impressions, conclusions, opinions, or legal research.

Clear and convincing means proof that the

truths of the facts asserted are highly probable

or reasonably certain to have occurred.

Commission means the judicial discipline and

conduct commission established pursuant to this

section.

(2)

The council shall appoint each member

of the commission for a four-year term.

One of the initial commissioners shall

serve only a 24-month term in order to

ensure that the commission will have

staggered terms.

(3)

No commission members shall have ever

been convicted of a felony, or convicted of

two or more misdemeanors (other than

non-criminal traffic tickets) in the past

seven years. Prior to appointment to the

commission, candidates will be required

Complainant means the individual who files a

written complaint regarding the conduct of a

judge, attorney or advocate of the Community

court.

Council means the Salt River Pima-Maricopa

Indian Community's governing body.

Court or SRPMIC court or Community court

means the Salt River Pima-Maricopa Indian

Community Court.

Supp. No. 6

CD4:12

COURTS GENERALLY

to disclose whether or not they have a

criminal history, what that criminal history is, and then submit to a criminal

history background check administered

by the human resources department.

(4)

Two of the commissioners shall constitute

a quorum for the transaction of business.

(5)

The commission shall meet only when

necessary to conduct the business of the

commission.

(6)

Staff support services shall be provided

to the commission by the SRPMIC Office

of General Counsel. Budget support

services shall be provided to the commission by the office of budget and records.

(5)

§ 4-35

Any of the investigator's attorneywork product, commission deliberations and records of the commission's

deliberations shall not be disclosed.

After the filing and service of formal

charges, all proceedings of the commission shall be public, unless they

pertain to matters involving a minor

child.

Immunity from civil suits.

Communications and testimony to

the commission, commission legal

counsel and staff relating to judicial,

attorney or advocate misconduct

shall be privileged, and no civil law

suit predicated thereon may be

instituted against any complainant

or witness.

Members of the commission, commission legal counsel, and staff shall

be immune from civil suit for their

conduct in the course of their official

commission duties.

(f) Commission protocols.

(1)

(2)

(3)

(4)

Burden of proof. The complainant bears

the burden of proof. The standard of

review for any proceeding before the

commission shall be clear and convincing

evidence.

Right to counsel. The respondent shall be

entitled to retain counsel and to have the

assistance of counsel at every stage of

the proceeding. Respondent shall be

responsible to pay for their own legal fees

and costs unless council authorizes payment.

Ex parte communications. Members of

the commission shall not engage in ex

parte communications with the respondent

or the complainant.

(6)

Service of process. Service upon the

respondent of formal charges in any

disciplinary proceeding shall be made by

personal service upon the respondent or

respondent's counsel. All other papers

may be served by standard and registered/

certified mail.

(7)

Oaths and subpoena power.

Confidentiality.

Supp. No. 6

Before the filing and service of formal

charges, all proceedings and information relating to the complaint shall

be confidential unless the commission determines that a disclosure of

information is necessary to protect

a person, or the public.

All information relating to a

complaint that has been dismissed

without formal charges being filed

shall be held confidential by the

commission.

CD4:13

(8)

Oaths and affirmations may be

administered by the commission.

The commission may compel by

subpoena the attendance of a

respondent or witness and the

production of pertinent books, papers

and documents for purposes of the

investigation, deposition or hearing

into the complaint.

Interim suspension. Upon the receipt of

sufficient evidence demonstrating that a

respondent poses a substantial threat of

§ 4-35

COMMUNITY CODE OF ORDINANCES

serious harm to the public or the

administration of justice, the commission

may recommend the following:

To the council if the respondent is a

judge, that the respondent be placed

on administrative leave with pay

until the commission process is final.

Such administrative leave shall not

exceed 60 days without further

council action; or

To the Community manager and

court administrator if the respondent

is a government attorney or advocate,

that the respondent be placed on

administrative leave with pay or be

suspended from practice before the

court until the commission process

is final.

(9)

The complaint form will be filed

with the office of the general counsel.

The complaint shall be date and

time stamped.

The complaint must be filed within

six months of the incident in question. If the complaint is filed after

six months of when the incident

occurred, the commission does not

have jurisdiction to hear the

complaint unless the complaint

pertains to a series of actions that

are alleged to be misconduct, then

the complaint must be filed within

six months from the latest incident

of alleged misconduct.

Any person may file a complaint

before the commission.

The complainant shall receive

acknowledgement that the complaint

has been received by the commission within 72 hours (excluding

weekends) of the filing of the

complaint.

The commission's letter of

receipt shall include a statement that the commission shall

provide an initial review of the

complaint within 15 business

days.

All processes and proceedings

conducted by the commission, including a hearing, shall be conducted in

as informal nature as possible while

still promoting the objective of a

fair and independent conduct and

discipline process. For example, if a

hearing is held, the formal rules of

evidence shall not be applied.

The commission may make its own

internal rules, regulations or policies to assist in a fair and efficient

investigation, adjudication, and

deliberation of any complaint before

it.

To the court administrator if the

respondent is a private advocate or

attorney, then the commission may

recommend that the private advocate

or attorney be suspended from

practice before the court until the

commission process is final.

Recommendations to improve the

administration of justice. The commission has the authority to provide written

recommendations to the council, Community manager, judiciary, government

departments, advocates and attorneys to

improve the administration of justice,

and the conduct and practice of law in

the Community court system.

(g) Commission review and formal hearing

process.

(1)

Filing of a complaint.

Supp. No. 6

All complaints received under this

section must be submitted in writing in a form prescribed by the

commission. All forms must include

the name and signature of the person

or individuals filing the complaint.

The commission shall not accept

anonymous complaints.

CD4:14

(2)

Initial screening.

The commission shall evaluate an

initial complaint and if the complaint

COURTS GENERALLY

and any relevant information, that

if true, would not constitute

misconduct then the commission

shall dismiss the complaint or if

appropriate, refer the matter to the

Community manager.

Referral of a complaint to the

Community manager does not

violate any confidentiality

provisions of this section.

If in the future, additional

information becomes known to

the commission regarding a

complaint that has been

dismissed before the filing of

formal charges, the allegations

may be reinvestigated by the

commission.

(3)

(4)

canon or rules allegedly violated,

with a provision that the investigation can be expanded, if appropriate;

The commission shall appoint an

independent

investigator

investigate the allegations made in

the complaint. If the commission

proceeds with formal charges, the

investigator shall present the case

before the commission.

The investigator shall be a licensed

attorney who is not an employee of

the Community or who does not

practice before the Community court.

The investigator shall have experience in federal Indian law and working with Indian tribal communities.

The respondent's duty to cooperate

and respond;

The respondent's opportunity to present before the commission if formal

charges are filed by the commission;

and

The name of the complainant unless

the commission determines that

there is good cause to withhold that

information.

(5)

Dismissal of complaint after initial

investigation. After an initial investigation has been conducted, and the commission determines that the complaint does

not state a claim for which the law

provides a remedy or the complaint is

legally insufficient or without merit, the

commission shall issue a letter to the

complainant and the respondent notifying them that the complaint has been

dismissed with or without prejudice.

(6)

Formal charges.

If the complaint and any relevant

information submitted raise allegations, that if true, would constitute

misconduct then the commission

shall open a formal investigation

and appoint an investigator within

the

commission's

budgeting

guidelines.

Investigator.

§ 4-35

If the commission determines that

based on the information gathered

in the investigation, that the alleged

facts are likely true then the commission shall file formal charges

against the respondent. The formal

charges shall provide fair and

adequate notice of the alleged

misconduct and shall be served upon

the respondent with proof of service.

The council shall be provided written notice of the formal charges

against the judges.

Investigation. Once the commission

appoints an investigator to investigate

the allegations made in the complaint,

the commission shall notify the respondent

of the following:

If formal charges are issued against

a government attorney or advocate,

then the written notice of the formal

charges shall be sent to the Community manager.

If formal charges are issued against

a private attorney or advocate, then

Supp. No. 6

A specific statement of the allegations being investigated and the

CD4:15

§ 4-35

COMMUNITY CODE OF ORDINANCES

the written notice of the formal

charges shall be sent to the court

administrator.

(7)

(8)

Answer to formal charges. The respondent

shall file a written answer with the

commission within 20 calendar days of

the date of service of the formal charges.

The commission may grant an extension

of time for the answer, for good cause.

Failure to answer or appear.

Failure of the respondent to

answer the formal charges shall

constitute an admission of the

factual allegations.

If the respondent should fail to

appear when specifically

ordered by the commission, the

respondent shall be deemed to

have admitted the factual

allegations which were the

subject of the appearance and

also to have conceded the merits

of any motion or recommendations to be considered at such

appearance. Absent good cause,

the commission shall not

continue or delay proceedings

because of the respondent's

failure to appear.

Complainant. Absent good cause, if

the complainant fails to appear when

specifically ordered by the commission, the complaint shall be

dismissed with prejudice.

Discipline with the consent of the

respondent must be in writing and

contain the following information:

That the respondent consents

to the discipline;

Admits to judicial, attorney or

advocate misconduct as defined

by this section; and

That the respondent's consent

is free and voluntary.

The commission shall file the consent

to discipline for the judges with the

council. The consent to discipline

shall remain confidential until it is

formally accepted by the council.

The commission shall file the consent

to discipline with the Community

manager and the court administrator for government advocates and

attorneys.

The commission shall file the consent

to discipline with the court

administrator for private attorneys

and advocates.

Respondent.

(9)

(10) Disciplinary hearing.

Upon receipt of the respondent's

answer or upon expiration of the

time to answer, the commission shall

schedule a hearing and notify the

respondent of the date, time and

place of the hearing.

The conduct of the hearing shall be

as follows:

All testimony shall be under

oath;

The investigator shall present

evidence on the formal charges;

The investigator may call the

respondent as a witness;

Both parties shall be permitted to present evidence and

produce and cross-examine witnesses;

The hearing shall be recorded;

and

Discipline by consent.

Supp. No. 6

At any time after the filing of formal

charges and before final disposition,

the respondent may agree with the

commission's charges and admit to

any and all of the formal charges in

exchange for a stated sanction (i.e.

this is similar to a settlement agreement or a negotiated plea).

CD4:16

COURTS GENERALLY

The investigator and the

respondent

may

submit

proposed findings, conclusions

and recommendations for either

the

sanctioning

the

respondent or an order of

dismissal of the complaint.

By majority vote of the commission,

the commission shall dismiss the

complaint, sanction the respondent

or recommend to the council that

the judge be removed from their

position.

If the respondent is a judge, within

15 calendar days, the commission

shall file with the council a report of

the proceeding setting forth a written summary, proposed findings of

fact, conclusions of law, any minority opinions and the order of sanction or recommendation for removal

from office. The judge shall also

receive a copy.

If the respondent is a government

advocate or attorney, within 15

calendar days, the commission shall

file with the Community manager

and the court administrator a report

of the proceeding setting forth a

written summary, proposed findings of fact, conclusions of law, any

minority opinions and the order of

sanction. The government advocate

or attorney shall also receive a copy.

If the respondent is a private

advocate or attorney, the commission shall file with the court

administrator, a report of the

proceeding setting forth a written

summary, proposed findings of fact,

conclusions of law, any minority

opinions and the order of sanction.

The private advocate or attorney

shall also receive a copy.

(11) Sanctions. The sanctions that the commission may consider are limited to the

following:

Judges.

Recommendation to the council

for removal of the respondent

§ 4-35

as a judge before the SRPMIC

court pursuant to subsection

(g)(12) of this section;

Supp. No. 6

CD4:17

Suspension, without pay, for

up to 15 days (any proposed

suspension of more than 15

days must be done by council

action);

Private reprimand by the commission (the commission may

recommend that the council

provide public notice of this

reprimand; however, the council

will determine whether public

notice of such reprimand is

warranted);

For minor and unintentional

violations, mandatory training

or counseling.

Discipline by consent as defined

in subsection (g)(9) of this section.

Restitution, if appropriate and

applicable.

Government attorney or advocate.

Recommendation that an

attorney or advocate no longer

be allowed to practice law before

the Community court for a

certain length of time or

permanently.

Recommendation to the Community manager that an

attorney or advocate who is a

tribal government employee be

disciplined per the Community's human resources policies.

Private reprimand by the commission (the commission may

recommend that the Community manager provide public

notice of this reprimand);

For minor or unintentional

violations, require mandatory

training or counseling.

§ 4-35

COMMUNITY CODE OF ORDINANCES

Discipline by consent as defined

in subsection (g)(9) of this section.

Restitution, if appropriate and

applicable.

Private attorney or advocate.

Private reprimand by the commission.

Public reprimand by the commission;

For minor and unintentional

violations, require mandatory

training or counseling.

Discipline by consent as defined

in subsection (g)(9) of this section.

Restitution, if appropriate and

applicable.

If there are further allegations filed

against the respondent while the

council is reviewing the commission's decision, the council may wait

for the commission's determination

on the new allegations before issuing a decision on whether to remove

the judge from office.

Upon the recommendation of the

commission, the council may impose

The council shall file a written decision with the council secretary.

(h) Annual report.

Recommendation that the

attorney or advocate no longer

be allowed to practice law before

the Community court for a

certain length or time or

permanently.

(12) Recommendation for removal from judicial

office. If the commission recommends

removal of the respondent from their

office as a judge, then the recommendation shall be provided to the council. The

council by majority vote will determine

whether to uphold the commission's

recommendation for removal. If the

council does not uphold the commission's

recommendation for removal of a judge

from office, then the council may

determine the appropriate disciplinary

action.

Supp. No. 6

a single sanction covering all recommendations for discipline from the

commission.

(1)

The commission shall file and present to

council an annual report at the end of

each calendar year. This annual report

shall include the following:

The number of complaints that were

received by the commission during

the year;

The number of complaints filed

against each judge, attorney or

advocate;

The final outcome of the commission's review regarding all filed

complaints, including complaints

that were determined to not have

merit; and

Any other related information that

the commission deems appropriate.

(2)

The council shall publish the commission's annual report.

(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.

SRO-561-2023, 7-19-2023)

Sec. 4-36. Request for change of judge;

judge recusal; conflict of interest.

CD4:18

(a) Request for change.

(1)

In any civil action pending in the Community court, the parties are entitled as

a matter of right to a change of judge.

The right may be exercised by either

party. A party wishing to exercise the

right to change of judge shall file a

pleading entitled "Notice of Change of

Judge." The notice shall be signed by the

party, it shall state the name of the judge

to be changed, and it shall neither specify

grounds nor be accompanied by an

affidavit. The request for change of judge

shall be immediately honored.

COURTS GENERALLY

(2)

In any criminal action pending in the

Community court, all change of judge

requests shall be in accordance with Rule

10 of the rules of criminal procedure (as

may be amended).

(b) Conflict of interest. No judge shall be

qualified to act in any case wherein he or she has

an interest in the outcome or where he or she is

a relative to the first degree by marriage or blood

whatsoever to any party.

judge may remove himself or herself from acting

in a case if he or she is not qualified to act under

the provision of subsection (b) of this section, or a

party may cause the judge to be removed if he or

she is not qualified to act under the provisions of

subsection (b) of this section, if the party files an

affidavit that the judge is not qualified under the

provision of subsection (b) of this section or is

biased against the party filing the affidavit or in

favor of the other party in the action. The judge

against whom the affidavit has been filed shall

hold a hearing within ten days after the affidavit

has been field to determine whether the affidavit

correctly states the facts. If the judge determines

that the affidavit correctly states the facts, then

the judge shall be disqualified. If the judge

determines that the affidavit does not correctly

state the facts and that the judge is not disqualified under the provisions of subsection (b) of this

section, then the judge shall continue to act in

the case. The determination of qualification

shall be made at the conclusion of the hearing.

§ 4-87

ARTICLE III. APPEALS

Sec. 4-85. Appellate division.

The appellate division of the Community court

shall consist of appellate justices of the Community court approved by the Community Council.

No justice shall sit on a court of appeals in a case

in which the original proceedings were tried by

that justice or if that justice was disqualified

pursuant to this Community Code of Ordinances.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-85a. Effect of appeal being filed.

Upon the acceptance of an appeal by the

appellate court, the trial court shall place a stay

on the matter and the trial court shall refrain

from making any further decisions until the

completion of the appeal, unless directed otherwise

by the appellate court.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-86. Jurisdiction of the court of

appeals.

The court of appeals has jurisdiction to decide

the following:

(1)

Appeals from all final judgments or final

orders of the Community court in civil

matters;

(2)

Appeals from all judgments of conviction

of the Community court in criminal matters; and

(3)

(d) Time limit upon requests, filing. No requests

for change of judge and no affidavit of disqualification or bias shall be filed more than five days

after the date on which the answer to the

complaint is to be filed. No request for change of

judge or affidavit of disqualification or bias shall

be filed after the assigned judge has ruled on any

substantive matter in the proceedings or has

ruled in an earlier related case or proceeding.

(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.

SRO-551-2023, 11-2-2022)

Secs. 4-37—4-84. Reserved.

Supp. No. 6

Special actions as defined by the Rules of

Civil and Criminal Appellate Procedure.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-87. Appellate justices.

(a) Appointments. The court of appeals shall

consist of no less than three justices appointed

by the Community Council. The Community

Council may appoint additional justices to serve

in a pool of justices to enable the presiding

justice to select panels of three available justices

when needed. Justices appointed to the court of

appeals must meet the qualifications set forth in

section 4-88.

CD4:19

§ 4-87

COMMUNITY CODE OF ORDINANCES

(2)

(b) Burden of establishing qualifications.

Applicants for judicial appointment have the

burden of establishing that they satisfactorily

meet the qualifications set forth in section 4-88.

Appointment decisions by Community Council

are not subject to review or appeal or any

grievance process.

as directed by the Community Council and in

accordance with Community human resources

department policies and procedures, except that

such compensation will not be diminished during

a justice's term in office.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-88. Composition of the court of

appeals.

Pursuant to section 4-93 and the Rules of Civil

and Criminal Appellate Procedure, a panel of

three justices will consider and decide the merits

of any appeals, petitions, or motions. Each panel

shall be comprised of two licensed justices and

one associate justice as defined below.

(1)

Licensed justices. No less than two justices

appointed to a panel of the court of

appeals shall be attorneys licensed to

practice law and members in good standing in all state bar associations to which

they are admitted and shall meet the

qualifications set forth in section 4-32(4).

Justices appointed pursuant to this

section must have practiced as an

attorney or judge in the area of

federal Indian law and have a

minimum of two years' experience

in an employment or appointed

capacity working with tribal governments.

Preference will be given to candidates

with prior judicial experience.

Preference will be given to candidates

who are members of the Salt River

Pima-Maricopa Indian Community,

the Gila River Indian Community,

the Ak-Chin Indian Community, the

Tohono O'odham Nation, or other

federally recognized tribe.

Supp. No. 6

Associate justices. One justice appointed

to each panel of the court of appeals may

be a non-attorney who meets the qualifications set forth in sections 4-32(2)(a), (b),

(d), (e), (h), (i), and (k).

A justice appointed pursuant to this

section shall be familiar with the

customs and traditions of the Akimel

O'odham and Xalychidom Piipaash

people and how those customs and

traditions can be applied to matters

pending before the Community court.

A justice appointed pursuant to this

section must have at least five years

of judicial or law-related experience.

Preference will be given to candidates

with prior tribal court judicial experience.

Preference will be given to candidates

who are members of the Salt River

Pima-Maricopa Indian Community,

the Gila River Indian Community,

the Ak-Chin Indian Community, the

Tohono O'odham Nation, or other

federally recognized tribe.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-89. Appointment to the court of

appeals.

(a) Length of term. Effective as of December

31, 2018, upon appointment by the Community

Council, a justice of the court of appeals will

serve a term of four years or thereafter until his

or her successor is appointed by the council.

(b) Reappointment. Justices may serve an

indefinite number of terms subject to reappointment by the Community Council. For previously

serving court of appeals justices who have received

no complaints and are in good standing, the

Community Council may re-appoint them for a

four-year term without going through the judicial

selection committee process.

a justice of the court of appeals expires while the

justice is presiding over a case or cases, the

justice may continue to preside over the case or

CD4:20

COURTS GENERALLY

cases until a final opinion, memorandum, or

order is issued but under no circumstances will

the justice continue to serve more than six

months following the expiration of his or her

appointment. The presiding justice is authorized

to allow a justice to continue serving pursuant to

this section.

(Ord. No. SRO-516-2020, 3-4-2020)

and ordinances of the Community and only to

the extent applicable, the Indian Civil Rights Act

and other federal law.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-92. Advisory opinions.

The court of appeals is authorized to issue

advisory opinions:

Sec. 4-90. Designation and responsibilities

of presiding justice.

(a) Designating a presiding justice. The Community Council will designate a justice appointed

pursuant to section 4-88(a) to serve as the

presiding justice of the court of appeals.

(b) Responsibilities. In addition to his or her

role as a member of the court of appeals and

other duties set forth in this article, the presiding justice will be responsible for:

(1)

Making case assignments;

(2)

After considering recommendations from

each panel, assigning justices to author

court of appeals' opinions;

(3)

Exercising supervisory responsibility for

court of appeals' members and providing

judicial direction to staff;

(4)

Directing training and professional

development of appellate justices and

court of appeals' staff;

(5)

Issuing an annual report to the Community Council regarding the number of

appellate cases pending, the number of

cases heard by, and the number of final

orders issued by the court of appeals

during that past year, in addition to any

other relevant information regarding the

performance of the court of appeals.

(Ord. No. SRO-516-2020, 3-4-2020)

(1)

Upon request by a judge of the Community court on questions of law;

(2)

Upon request by a state or federal court

on questions of law and custom; and

(3)

Upon request by the judicial conduct and

discipline commission on questions of

law and custom.

(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.

SRO-563-2023, 8-30-2023)

Sec. 4-93. Consideration of the appeal.

(a) Selecting a panel. Once a notice of appeal

has been filed, the presiding justice will assign

the matter to a panel, which may include the

presiding justice, of three appellate justices who

will consider the appeal.

(b) Preliminary rulings. The full panel will

determine requests for oral argument and other

preliminary matters and will designate a member

of the panel who will be responsible for issuing

preliminary orders.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-94. Opinions, memoranda, and

orders.

Unless otherwise noted, all opinions,

memoranda, and orders of the court of appeals

on all matters within its jurisdiction are final.

Sec. 4-91. Oath of office.

Upon appointment by the Community Council,

justices appointed to the court of appeals shall

take an oath to uphold the Constitution, laws,

Supp. No. 6

§ 4-94

CD4:21

(1)

Request for rehearing. Any request for a

rehearing must be filed in the manner

set forth in the appropriate rules of

appellate procedure.

(2)

Review of pending cases. The justices of

the court of appeals will review all pending cases no less than once each month

until a final, written opinion, memoranda,

or order is entered.

§ 4-94

(3)

COMMUNITY CODE OF ORDINANCES

Time for issuing opinions, memoranda,

and orders. All opinions, memoranda,

and orders of the court of appeals will be

entered within six months of oral arguments or the deadline for submission of

the respondent's brief, whichever is later.

(4)

Failure to comply. Failure to comply with

this section may constitute cause for

which a justice may be removed from

office.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-95. Disqualification and removal.

(a) Self-disqualification. All justices are encouraged to assess their individual qualifications to

serve on a case and may disqualify themselves in

any instance they deem appropriate.

(b) Request for removal of a justice. Any party

may file a request pursuant to section 4-36 with

the presiding justice of the court of appeals to

remove an individual appellate justice from a

case.

(1)

After reviewing the request, the presiding justice will issue a written order

granting or denying the request and

stating the reasons for the decision.

(2)

If a party seeks to remove the presiding

justice from a case, the request will be

considered by the entire panel and the

appellate justice assigned to author the

opinion will enter the order granting or

denying the request.

(3)

This order will be final and not subject to

additional appeal.

pursuant to this article are not subject to removal

or suspension except for cause as determined by

the Community Council after notice and an

opportunity to be heard and as provided in

section 4-35.

(Ord. No. SRO-516-2020, 3-4-2020)

pursuant to section 4-87(a) to form a panel, the

presiding justice will select an appellate justice

pro tempore to sit on the case by designation.

(b) Qualifications. Appellate justices pro

tempore sitting by designation shall meet the

qualifications set forth in section 4-88 depending

on whether a justice is to fill a licensed or

associate justice position.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-97. Attorneys and advocates.

Any party to an appeal filed in the court of

appeals may, at their own expense, have the

assistance of counsel who may be either an

attorney or an advocate and who must be admitted to practice in the Community court.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-98. Binding on the Community

Tribal Court.

(a) All orders made by the court of appeals

shall be binding on the trial court unless expressly

stated otherwise by the appellate order, and is

judicial precedent for the community court.

(b) All orders made by the appellate court

shall be made publicly available and published

on the internet.

may subject a trial court judge to discipline, and

possibly removal, by the judicial conduct and

discipline commission process.

(Ord. No. SRO-516-2020, 3-4-2020)

Sec. 4-99. Effective date.

The amendments set forth in sections 4-86

through 4-98 will govern appeals filed on or after

February 1, 2015.

(Ord. No. SRO-516-2020, 3-4-2020)

Secs. 4-100—4-185. Reserved.

ARTICLE IV. BONDS AND WITNESS

EXPENSES

Sec. 4-96. Justices by designation.

Sec. 4-186. Bonds and witness expenses.

(a) Appellate justices pro tempore. If for any

reason the presiding justice is unable to select

three justices from the pool of justices established

(a) Criminal bond. In a criminal case, the

judge may require that a bond be posted in an

amount set at the discretion of the judge.

Supp. No. 6

CD4:22

COURTS GENERALLY

(b) Civil bond. In a civil case, the judge may

require that a bond be posted in an amount equal

to value of the judgment, including costs. A cash

deposit for the amount of the judgment or the

value of the property, plus costs, may be made in

lieu of a bond.

(Ord. No. SRO-516-2020, 3-4-2020)

Secs. 4-187—4-210. Reserved.

ARTICLE V. RESERVED

Secs. 4-211—4-231. Reserved.

ARTICLE VI. DEFENDANT'S RIGHTS

Sec. 4-232. Explanation of charges; judge

to advise legal rights.

Before any defendant is asked to plead to any

criminal charge, the judge before whom he or she

appears shall do the following:

(a)

Read the charge and the language of the

ordinance establishing the offense and

fixing the penalty;

(b)

Explain the charge in language the

defendant can understand; and

(c)

Advise the defendant of his or her legal

rights as more particularly described in

the rules of criminal procedure.

(Ord. No. SRO-516-2020, 3-4-2020)

Supp. No. 6

CD4:23

§ 4-232

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.